Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3171
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Failure to disclose potato variety isn't misleading

3 months agoIndustries / Law : 43(B)log

Zuckerman Family Farms, Inc. v. Bidart Bros., No. 1:14–cv–01529, 2014 WL 7239423 (E.D. Cal. Dec. 17, 2014) Plaintiffs sued for violation of the Plant Variety Protection Act (PVPA), the Lanham Act, and California Business Practices Code section 17200 et seq. Show More Summary

Seen at the Spy Museum

3 months agoIndustries / Law : 43(B)log

Matzohball, an Israel Bond thriller, a new adventure of Hebrew secret agent Oy-Oy-7, by Sol Weinstein, author of Loxfinger. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Rogers applies when film is simply named for character

3 months agoIndustries / Law : 43(B)log

Valencia v. Universal City Studios LLC, No. 1:14–CV–00528, 2014 WL 7240526 (N.D. Ga. Dec. 18, 2014) Valencia, professionally known as Honey Rockwell, sued Universal for invasions of privacy; fraud, false advertising, and unfair competition; and trademark dilution. Show More Summary

Sony in the Killzone: case over resolution continues

3 months agoIndustries / Law : 43(B)log

Ladore v. Sony Computer Entertainment America, LLC, 2014 WL 7187159, No. C–14–3530 (N.D. Cal. Dec. 16, 2014) Ladore sued Sony for allegedly false advertising of its video game Killzone: Shadow Fall. Sony allegedly represented that Killzone’s...Show More Summary

Do you have to buy the IP to buy the "company"?

3 months agoIndustries / Law : 43(B)log

A.Hak Industrial Services BV v. TechCorr USA, LLC, 2014 WL 7272796, No. 3:11–CV–74 (N.D. W. Va. Dec. 18, 2014) Berkeley Springs Instruments (BSI) sold certain IP rights in robotic tank inspection and cleaning technology to A.Hak. TechCorr...Show More Summary

scientific claims in ordinary ads aren't protected opinion

3 months agoIndustries / Law : 43(B)log

Eastman Chemical Co. v. Plastipure, Inc., 2014 WL 7271384, No. 13–51087 (5 th Cir. Dec. 22, 2014) A jury found that Plastipure (and defendant CertiChem) engaged in false advertising (discussed here). The court of appeals affirmed the entry of an injunction. Show More Summary

you can't a accuse competitor of lawbreaking when courts have ruled against you

3 months agoIndustries / Law : 43(B)log

Paul Davis Restoration, Inc. v. Everett, No. 14–C–1534, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014) Following a series of unsuccessful lawsuits with Paul Davis Restoration, Inc., Matthew Everett, a former franchisee, began running a radio ad: This is a business advisory. Show More Summary

irreparable harm is permissible inference, Third Circuit rules

3 months agoIndustries / Law : 43(B)log

Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here. Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its advertising for its steam irons. Show More Summary

Soul survivor: publicity and TM claims against recorded performance fail

3 months agoIndustries / Law : 43(B)log

Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014) This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve goneShow More Summary

the intersection of FTC US origin guidelines and the Lanham Act

3 months agoIndustries / Law : 43(B)log

A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed. This opinion granted in part Deauville’s motion to dismiss. Show More Summary

Is a bigger sucker a protected consumer?

3 months agoIndustries / Law : 43(B)log

Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014) How sophisticated can you be and still be a consumer for the purpose of consumer protection law? Pretty sophisticated, in some cases. Show More Summary

restrictions on lawyer ads touting past results unconstitutional

3 months agoIndustries / Law : 43(B)log

Rubenstein v. Florida Bar, No. 14–CIV–20786, 2014 WL 6979574 (S.D. Fla. Dec. 9, 2014) Florida bars attorney advertising from referring to past results, which a Bar task force held in 1997 were inherently misleading to laypeople, because...Show More Summary

Consumer suit against juice name preempted

3 months agoIndustries / Law : 43(B)log

Bell v. Campbell Soup Co., No. 4:14cv291, 2014 WL 6997611 (N.D. Fla. Dec. 11, 2014) The facts are essentially the same as in Pom Wonderful v. Coca-Cola, but the result is that only competitors, not consumers, can sue for false advertising of juices. Show More Summary

Transformative use of the day, judicial edition

4 months agoIndustries / Law : 43(B)log

Judge uses cartoon in opinion to explain rebuke of lawyer. Reporting on opinion includes separate reproduction of cartoon. Two levels of transformation? (Side note: the judge feels the need to explain the joke, which may say something about judicial humor generally.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

PTO roundtable on the accuracy and integrity of the TM register

4 months agoIndustries / Law : 43(B)log

USPTO Roundtable: Ensuring the Accuracy and Integrity of the Trademark Register (Note: I wasn't able to attend in person so I just didn't get names) Debbie Kahn, commissioner for TMs Registration renewals: pilot requiring additional proof of use for 500 registrants submitting Section 8 affidavits of use. Show More Summary

Dastar bars false advertising claim based on patent filing

4 months agoIndustries / Law : 43(B)log

Akzo Nobel Surface Chemistry LLC v. Stern, 2014 WL 6910212, No. 2:13–CV–00826 (S.D. Ohio Dec. 8, 2014) Akzo makes specialty chemicals, including adjuvants, which are additives that modify the properties of the main ingredient in formulations. Show More Summary

Actual confusion irrelevant when Rogers v. Grimaldi applies

4 months agoIndustries / Law : 43(B)log

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc., No. 14-cv-02361 (N.D. Cal. Nov. 24, 2014) MSM alleged that the video game Call of Duty: Ghosts made infringing use of MSM’s “angry monkey” mark, “among the most popular morale patch designs” MSM sells. Show More Summary

plaintiff must identify elements of trade dress, specific false claims

4 months agoIndustries / Law : 43(B)log

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2014 WL 6892141, No. CV 14–03954 (C.D. Cal. Nov. 5, 2014) Previously, the court granted a preliminary injunction on certain false advertising claims and refused to stop the plaintiff from publicizing that. Show More Summary

It's all about control: how to get a survey excluded

4 months agoIndustries / Law : 43(B)log

First Data Merchant Services Corp. v. SecurityMetrics, Inc., No. RDB–12–2568, 2014 WL 6871581 (D. Md. Dec. 3, 2014) This is a motion to exclude in a false advertising/antitrust case. “This origins of this contentious case lie in a soured...Show More Summary

Public Knowledge on the monkey selfie threat letter

4 months agoIndustries / Law : 43(B)log

Sherwin Siy, bringing just enough snark in reply to the camera-owner's demand letter. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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